Post by Sir Alexandreu Davinescu on Feb 1, 2019 0:48:48 GMT -6
Fellow members of the Ziu:
I am not here to talk about the general idea of the proposed new constitution. All know that I think that it is a poor choice, discarding much that is precious and gaining nothing, since the continuity and antiquity of our Organic Law is too valuable to throw it away to no purpose. We swore an oath to defend the OrgLaw that some now propose to throw in the rubbish, but some have not found that argument persuasive. So let us set that aside for the moment.
No, I present a host of other reasons why this proposed constitution is a poor document. Even if you favor discarding the OrgLaw, you should not choose this as your vehicle. If this is too much to read, just skim the bolded headings until you see one that concerns you.
Hopefully responses will focus on these actual problems, instead of personal attacks.
First of all and most basic, this proposed constitution lacks a balance of powers, and would fall too easily to tyranny. Under the new scheme, the judiciary would be a subordinate branch to the legislature. This is not exaggeration. The legislature would regularly elect or dismiss every judge and justice in the new system, would pass all the rules under which they are permitted to operate, and the only input given by any other body is the power of the throne to delay such appointments.
Under our current system, if a party achieves power in the Ziu, the powers they may wield are limited. Should the Ziu attempt to pass a law ejecting some troublesome citizens from the country, the Cort pü Inalt would hear the case and render a fair verdict. The Ziu could not easily threaten the members of the Cort pü Inalt, since members of that body hold the position for life. The judiciary and legislature are equal branches of our government.
But imagine under this new system that a less-than-virtuous party rose to power. They wouldn't need to be evil or corrupt... just too zealous, too hasty, and too uncaring about civics. This party wishes to retain power (for the good of the country, of course) and so they do some questionable things with the law to outlaw their competition. And who hears the lawsuit that results, to decide whether those things were legal? Why, the majority's subordinates! When this new judiciary looks at the Ziu, they don't see a case to be decided impartially... they see a performance review, which is due under this new law every five years!
Under the proposed constitution, any single one of the members of the legislature can effectively eject a justice from their seat and demand a new supermajority confirmation process at this performance review time!
This is madness.
Part of the proposed rationale for this new constitution is that it will be sleek and smooth, free of all that clutter from history. They'd burn the Organic Law to the ground so that they can build a fresh, clean law on the scorched earth. But they drafted this in such haste that there are a host of problems. The day after this constitution was passed, we'd be writing amendments to try fixing it.
The Secretary of State pointed some out recently. Note that I am not saying anything about his stance on the bill, since I don't know what he thinks, but I want to make it clear that these questions aren't just coming from me.
How does this work? Will the election of a Seneschal directly count as a majority vote for all ministers or does a separate vote need to be held?
Does this mean the cort can just decide to make a law of another country Talossan law without it being approved by the Ziu? If so, why?
I assume determine the citizenship status in this case means terminate it. What counts as having made your presence known? Does it include posting on social media about non-Talossan affairs.? Instant messaging with a Talossan citizen? Whose job is it to keep a record of this? How do you proof that someone has not made their presence known to anyone? Can the Ziu arbitrarily decide to not terminate the citizenship of someone they like regardless of their activity? What if the Ziu simply can't be bothered to write legislation to remove people from the rolls?
Why have "Matters incidental to the execution of Federal government" (and some others I think?) been removed here?
To all of this we can add much, much more.
"The Monarch shall not vote in elections for the Ziu and shall not be a member of any political party, nor shall they support any political party's or individual's political activity."
How is it possible to give the throne a veto power and command them not to do anything that might support any person or group's political activity? Is it possible to veto a bill without helping those who oppose the bill? And further, isn't this in direct contravention -- almost to the word! of the Covenants?
"The Cosa shall be elected by universal ballot cast for a specific political party, and seats shall be awarded according to proportional representation."
Hey, you know that thing that happens almost every election, where the fractions of a seat need to be divided up? The OrgLaw has a two-step simple process for dealing with that. What would happen under this law? Impossible to know! It isn't even stated who gets to decide any disputes. I guess the Secretary of State just decides who gets the seats?
For that matter, what happens if there's a tie vote in a Senate race? I don't see anything to resolve it! Provinces may have rules to fix that eventually, but this is a huge flaw as it stands.
Folks, they didn't think through this, and the proposed constitution is filled, filled with problems like this. We'd be lucky to run one election without problems.
We recently had a referendum on what sort of country we wish for Talossa to be, and a majority of Talossans agree that they wish it to be a constitutional monarchy where the monarch has a real role, not just a figurehead role. And yet here we are with a proposed constitution that turns the monarch into nearly a figurehead.
What are the king's powers right now?
He can declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál. In addition, he is a check on the power of the Ziu to appoint justices, he administers nonprovincial territories.
In the new constitution, what would be his powers? Here's the list, edited to show the changes:
He can declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál. In addition, he is a check on the power of the Ziu to appoint justices, he administers nonprovincial territories.
Does the bill announce at its start that it is intended to shrink the role of the monarch? No. If the Ziu tried to openly shrink the monarch's powers from eleven to to three, that bill would be defeated.
Is there any reason for these changes? None is given. They're not necessary to the new constitution... there's no reason His Majesty should not continue to be able to grant pardons or commutations under the new scheme, just as now.
And this is just one such change!
Here's another: this bill eliminates the entire armorial system. It could still continue, I suppose, but it would be informal: I could grant arms with the same legal legitimacy as the king under the proposed constitution.
You've been asked to vote on this bill... were you aware of that? We're not told anywhere... I had to go through and carefully check to discover this change. Even if you're fine with this one change, what about the other hidden changes?
Just how many other things have been changed in this new scheme? What do you love about Talossa that might be eliminated in this bill, slashed away by a hidden hand with a hidden agenda?
They won't tell us. Are you prepared to just discover what this new constitution would kill, when it's too late?
If we're going to create a new country, let's be honest. Let's at least know what is being done!
More to come.
I am not here to talk about the general idea of the proposed new constitution. All know that I think that it is a poor choice, discarding much that is precious and gaining nothing, since the continuity and antiquity of our Organic Law is too valuable to throw it away to no purpose. We swore an oath to defend the OrgLaw that some now propose to throw in the rubbish, but some have not found that argument persuasive. So let us set that aside for the moment.
No, I present a host of other reasons why this proposed constitution is a poor document. Even if you favor discarding the OrgLaw, you should not choose this as your vehicle. If this is too much to read, just skim the bolded headings until you see one that concerns you.
Hopefully responses will focus on these actual problems, instead of personal attacks.
No Balance of Powers
First of all and most basic, this proposed constitution lacks a balance of powers, and would fall too easily to tyranny. Under the new scheme, the judiciary would be a subordinate branch to the legislature. This is not exaggeration. The legislature would regularly elect or dismiss every judge and justice in the new system, would pass all the rules under which they are permitted to operate, and the only input given by any other body is the power of the throne to delay such appointments.
Under our current system, if a party achieves power in the Ziu, the powers they may wield are limited. Should the Ziu attempt to pass a law ejecting some troublesome citizens from the country, the Cort pü Inalt would hear the case and render a fair verdict. The Ziu could not easily threaten the members of the Cort pü Inalt, since members of that body hold the position for life. The judiciary and legislature are equal branches of our government.
But imagine under this new system that a less-than-virtuous party rose to power. They wouldn't need to be evil or corrupt... just too zealous, too hasty, and too uncaring about civics. This party wishes to retain power (for the good of the country, of course) and so they do some questionable things with the law to outlaw their competition. And who hears the lawsuit that results, to decide whether those things were legal? Why, the majority's subordinates! When this new judiciary looks at the Ziu, they don't see a case to be decided impartially... they see a performance review, which is due under this new law every five years!
Under the proposed constitution, any single one of the members of the legislature can effectively eject a justice from their seat and demand a new supermajority confirmation process at this performance review time!
Part 1. During the second to last Clark before a Justice's term ends, if no action is taken, then the Justice is reconfirmed by law.
Part 2. The Seneschál or another member may move by acclamation to reappoint a justice. If no objection is made in two weels, the motion is adopted. If acclamation fails. then the Ziu shall vote, and if the nominee gets a 2/3 majority in both Houses of the Ziu, they are confirmed.
Part 2. The Seneschál or another member may move by acclamation to reappoint a justice. If no objection is made in two weels, the motion is adopted. If acclamation fails. then the Ziu shall vote, and if the nominee gets a 2/3 majority in both Houses of the Ziu, they are confirmed.
This is madness.
It Immediately Will Need Work
Part of the proposed rationale for this new constitution is that it will be sleek and smooth, free of all that clutter from history. They'd burn the Organic Law to the ground so that they can build a fresh, clean law on the scorched earth. But they drafted this in such haste that there are a host of problems. The day after this constitution was passed, we'd be writing amendments to try fixing it.
The Secretary of State pointed some out recently. Note that I am not saying anything about his stance on the bill, since I don't know what he thinks, but I want to make it clear that these questions aren't just coming from me.
Part 3. During the First Clark, the Cosa shall select between the various candidates for Seneschal using Instant Runoff Voting, with one option being the election of no Seneschal. The Monarch shall appoint the Seneschal elected by the Cosa, who shall take the office from the previous Seneschal.
Part 4. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.
Part 4. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.
Section 4.
Part 1. The Judiciary shall retain the authority to recognize the Common Law of Talossa, composed of Judicial interpretations of the Statutory Law of Talossa as well as the Common Law of other Anglo-American legal systems as the Judiciary shall see fit, so long as it does not contradict Talossan law, separate from its powers of judicial review. Such common law may be retained until such time as the Ziu passes legislation overturning, codifying or clarifying the law.
Part 1. The Judiciary shall retain the authority to recognize the Common Law of Talossa, composed of Judicial interpretations of the Statutory Law of Talossa as well as the Common Law of other Anglo-American legal systems as the Judiciary shall see fit, so long as it does not contradict Talossan law, separate from its powers of judicial review. Such common law may be retained until such time as the Ziu passes legislation overturning, codifying or clarifying the law.
Section 4.
The Ziu shall have the authority to determine the citizenship status for any citizen who, without prior notification of good cause, fails to vote in any General Election or referenda or respond to any census for two years, as measured against their last vote or response, provided they have not otherwise made their presence known.
The Ziu shall have the authority to determine the citizenship status for any citizen who, without prior notification of good cause, fails to vote in any General Election or referenda or respond to any census for two years, as measured against their last vote or response, provided they have not otherwise made their presence known.
Section 2.
The Ziu shall have power to make laws for the peace, welfare, and good government of the Kingdom of Talossa with respect to the repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect; census and statistics; weights and measures; currency, coinage, and legal tender; appropriation, and outlays of the public revenue and moneys of the Kingdom, but so as not to discriminate between Provinces or Territories or parts thereof; copyrights, patents, and trademarks; postal, telegraphic, telephonic, radio, television, internet, and other like services; the defense of Talossa, and parts thereof; the control of the forces to execute and maintain the laws of Talossa; commerce within and without the territory of Talossa; corporations formed under the laws of Talossa; immigration and emigration, naturalization and aliens; treason and sedition; symbols, flags, heraldry, anthems, cultural events and other like things in Talossa, but not of the individual Provinces; disputes and relations between provinces; and the creation of new provinces, such that the sovereignty and territory of any extant Province is not altered without the consent of that Province.
The Ziu shall have power to make laws for the peace, welfare, and good government of the Kingdom of Talossa with respect to the repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect; census and statistics; weights and measures; currency, coinage, and legal tender; appropriation, and outlays of the public revenue and moneys of the Kingdom, but so as not to discriminate between Provinces or Territories or parts thereof; copyrights, patents, and trademarks; postal, telegraphic, telephonic, radio, television, internet, and other like services; the defense of Talossa, and parts thereof; the control of the forces to execute and maintain the laws of Talossa; commerce within and without the territory of Talossa; corporations formed under the laws of Talossa; immigration and emigration, naturalization and aliens; treason and sedition; symbols, flags, heraldry, anthems, cultural events and other like things in Talossa, but not of the individual Provinces; disputes and relations between provinces; and the creation of new provinces, such that the sovereignty and territory of any extant Province is not altered without the consent of that Province.
To all of this we can add much, much more.
"The Monarch shall not vote in elections for the Ziu and shall not be a member of any political party, nor shall they support any political party's or individual's political activity."
How is it possible to give the throne a veto power and command them not to do anything that might support any person or group's political activity? Is it possible to veto a bill without helping those who oppose the bill? And further, isn't this in direct contravention -- almost to the word! of the Covenants?
"The Cosa shall be elected by universal ballot cast for a specific political party, and seats shall be awarded according to proportional representation."
Hey, you know that thing that happens almost every election, where the fractions of a seat need to be divided up? The OrgLaw has a two-step simple process for dealing with that. What would happen under this law? Impossible to know! It isn't even stated who gets to decide any disputes. I guess the Secretary of State just decides who gets the seats?
For that matter, what happens if there's a tie vote in a Senate race? I don't see anything to resolve it! Provinces may have rules to fix that eventually, but this is a huge flaw as it stands.
Folks, they didn't think through this, and the proposed constitution is filled, filled with problems like this. We'd be lucky to run one election without problems.
Sneaky Changes
We recently had a referendum on what sort of country we wish for Talossa to be, and a majority of Talossans agree that they wish it to be a constitutional monarchy where the monarch has a real role, not just a figurehead role. And yet here we are with a proposed constitution that turns the monarch into nearly a figurehead.
What are the king's powers right now?
He can declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál. In addition, he is a check on the power of the Ziu to appoint justices, he administers nonprovincial territories.
In the new constitution, what would be his powers? Here's the list, edited to show the changes:
Does the bill announce at its start that it is intended to shrink the role of the monarch? No. If the Ziu tried to openly shrink the monarch's powers from eleven to to three, that bill would be defeated.
Is there any reason for these changes? None is given. They're not necessary to the new constitution... there's no reason His Majesty should not continue to be able to grant pardons or commutations under the new scheme, just as now.
And this is just one such change!
Here's another: this bill eliminates the entire armorial system. It could still continue, I suppose, but it would be informal: I could grant arms with the same legal legitimacy as the king under the proposed constitution.
You've been asked to vote on this bill... were you aware of that? We're not told anywhere... I had to go through and carefully check to discover this change. Even if you're fine with this one change, what about the other hidden changes?
Just how many other things have been changed in this new scheme? What do you love about Talossa that might be eliminated in this bill, slashed away by a hidden hand with a hidden agenda?
They won't tell us. Are you prepared to just discover what this new constitution would kill, when it's too late?
If we're going to create a new country, let's be honest. Let's at least know what is being done!
More to come.
